Bill Text: NY S02965 | 2011-2012 | General Assembly | Introduced

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Bill Title: Elevates assault of a utility worker in the second degree to a class D felony; includes an employee of an entity governed by the public service law within such provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-02-03 - REFERRED TO CODES [S02965 Detail]

Download: New_York-2011-S02965-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2965
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 3, 2011
                                      ___________
       Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to elevating an assault of  a
         utility worker in the second degree to a class D felony
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 3 of section 120.05 of the penal law, as  sepa-
    2  rately  amended  by chapters 318 and 345 of the laws of 2010, is amended
    3  to read as follows:
    4    3. With intent to prevent a peace officer, a  police  officer,  regis-
    5  tered  nurse,  licensed practical nurse, sanitation enforcement agent, a
    6  firefighter, including a firefighter acting as a paramedic or  emergency
    7  medical  technician administering first aid in the course of performance
    8  of duty as such firefighter, an emergency medical service  paramedic  or
    9  emergency medical service technician, or medical or related personnel in
   10  a  hospital  emergency department, a city marshal, a traffic enforcement
   11  officer [or], traffic  enforcement  agent  OR  EMPLOYEE  OF  ANY  ENTITY
   12  GOVERNED BY THE PUBLIC SERVICE LAW IN THE COURSE OF PERFORMING AN ESSEN-
   13  TIAL  SERVICE, from performing a lawful duty, by means including releas-
   14  ing or failing to control an animal  under  circumstances  evincing  the
   15  actor's  intent  that  the  animal  obstruct the lawful activity of such
   16  peace officer, police  officer,  registered  nurse,  licensed  practical
   17  nurse, sanitation enforcement agent, firefighter, paramedic, technician,
   18  city  marshal, traffic enforcement officer or traffic enforcement agent,
   19  he or she causes physical injury to such peace officer, police  officer,
   20  registered  nurse,  licensed  practical  nurse,  sanitation  enforcement
   21  agent, firefighter, paramedic, technician or medical or related  person-
   22  nel  in  a hospital emergency department, city marshal, traffic enforce-
   23  ment officer [or], traffic enforcement agent OR EMPLOYEE  OF  AN  ENTITY
   24  GOVERNED BY THE PUBLIC SERVICE LAW; or
   25    S 2. This act shall take effect on the first of November next succeed-
   26  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07388-01-1